Elizabeth34. is the property still empty or is there another tenant now in it ?
No it’s not civil as the LL has illegally evicted. That is a criminal offence.
I bet the police will not take action, they have too many other things to do
Well, they do have lots to do but they also have a legal duty to investigate a complaint.
It sounds lovely a scam. Is anyone occupying the house you signed agreement On? Was it arranged through OpenRent?
The police dont want to get involved in Landlord /tenant issues or disputes. I had the misfortune to find aggressive squatters in one of my empty houses and asked for police assistance which was refused and I was advised to seek a solicitor. (Squatting in a residential house is an illeagle arrest-able offence yet the police would not get involved.)
As you know, the rules aren’t the same for LL and tenant. Also, the Police do not always do what they are supposed to unless you know they are duty-bound to.
I wonder what would make someone to act that way. She might have found someone willing to pay a higher rent.
I personally would go to the police first then to the council while instructing a good solicitor for compensation.
This kind of LL needs to be taken to the cleaners.
As much as I feel for the plight if the tenant in what appears to be a terrible situation however it has to be noted that we are only hearing one side of the story. It’s hard to imagine that a Landlord would go to all the trouble of finding a tenant and go through referencing etc then offer a feeble excuse of a change of mind to dissolve the tenancy.
The police may be duty bound to intervene but from experience I have little confidence this would happen regardless of the alleged illegal practice of the landlord.
On the face of the information given, it would seem that the LL is acting unreasonably. However, the reason for her action is still unknown. My take is that no LL in their right mind would behave like that. As she has informed you that she’s in touch with her solicitors, we can assume that she’s been acting on their advice. Again, we don’t know that for sure. She could be calling your bluff. Also, I note that @Shelly’s question whether or not you’ve been upfront with the LL has not been answered. I’m afraid ‘Passing a Reference before signing the contract’ does not answer her question.
Its not an illegal eviction as Elizabeth34 doesn’t yet have a tenancy. She has a contract to supply a tenancy, but the actual tenancy only begins the moment she takes possession of the property. She can sue for breach of contract but not for unlawful eviction.
Get in touch with the legal department at Shelter. They’re amazing and have all the legal blurb to their fingertips. Our daughter had a problem with a landlady when she left a property some time ago and they helped immensely.
Shelter helpline: 08088004444
ThenLandlord hasn’t got a leg to stand on if you have both signed a tenancy agreement as long as there is nothing you have done that may invalidate the contract eg lied about your earnings CCJs etc .
I would tell the Landlord you be staying in a nice rented apartment or a hotel on a daily rate basis and will be putting all your furniture into storage and claiming back all the costs via the court system until you get the keys . That will focus the LLs mind very quickly . No pussyfooting around and nothing illegal like forcing entry to the property .
Shoot me down in flames here, but there must be a reason? No LL refuses a tenancy without good reason as it’s their financial loss-maybe there is a reason but not hearing it on here, many tenants are after council properties & trust me there are those who deliberately manipulate to get what they want? be interesting to hear if this case are offered the property as agreed then actually take it? OR hold off for the real prize… I’m genuinely sorry if this family are let down by a LL - but you know how things work these days… be interested to hear the other side of this from the LL as there surely is one . To all who read: This post isn’t meant to be uncaring but subjective to how things now are in private rentals, LA’s & post covid times so please don’t be critical or rude in replying
If you’ve both signed the contract, its legally binding so you have legal redress. I would have someone review the contract, e.g. citizens advice might be able to help. The courts can decide if it was breached without having taken legal possession.
But I would focus on your immediate situation and find new accommodation as either way its going to be an awful place to live.
Wish you good luck!
Interestingly i have had tenants sign acontract and simply walk away and theres nothing you can practically do about it. However as mentioned above shelter are aggressive going after landlords so worth a punt. Solicitors can eat your lunch on fees and whilst in the travelodge you are building up fees. So get somewhere else to live and go after this LL in the small claims court after you have sorted the emergency. It will take a long time and getting your money may be incremental
So DONT WAIT get somewhere else asap
Feels like it “could be” one of those heists of “renting” an accommodation that doesn’t actually belong to them and running away with the deposit and first months rent.
Best way to rule this out is to investigate who the owner of the property is.
Well, not quite. You have their rent and security deposit. That more than enough compensates for them walking away.
No thats not it, they had signed the contract first and were then due to pay the money over which never happened